Apple’s turning this litigation into World War 2. They’ve requested that a court in California to sanction Samsung Electronics in the on going patent infringement dispute by granting the judgement in favor of Apple. This is all because Samsung decided to release the press documents and exhibits that were not allowed to be used as any type of evidence in the litigation.
The exhibits that Samsung has released includes images saying that Samsung developed a phone with a few elements from the iPhone’s design before the iPhone even originally released in 2007. Documents also include ones that were to prove that Apple used a prototype originally created by Sony that was very much like the iPhone’s design. It has been unsaid why these documents were not allowed to be used as evidence.
A filing to the U.S. District Court for the Northern District of California late Wednesday says that Apple told the court that they should sanction Samsung by granting judgement in Apple’s favor. This obviously shows that they are just out for money and it isn’t an honest infringement that they are after. Apple wants favorite on it’s claim that Samsung has been infringing Apple’s phone design patents. It’s kind of funny actually, Apple wouldn’t even be here today without Samsung’s technology.
At a minimum and as an alternate option, Apple said that the court should instruct the jury that Samsung has engaged in some serious misconduct. As a result of that misconduct they want the court to prevent Samsung from mentioning and offering any other evidence that they find regarding the “Sony design exercise” for any purpose, Apple said. It kind of sounds like they’re getting nervous over this one. Don’t worry though, Apple! I’m sure Sony already has it’s lawyer teams lined up to sue right after Samsung is done!
In a letter to the District Judge Lucy Koh on Wednesday, Apple’s counsel, William F. Lee. suggested that Samsung was attempting to influence the jury by releasing the court documents to the media. That way, the Jury would supposedly read them on their own out of court, Apple said in the filing.
Samsung’s actions increased the risk that the jury will see or be influenced by someone who has seen the evidence that the court said was not able to be used as evidence, says Apple’s filing. “While disseminating excluded evidence to the media would be a problem in any case, it is particularly problematic in a high profile technology case in the internet age, when intentional or inadvertent exposure to excluded evidence is extraordinarily easy,” it added.
Samsung attorney John Quinn said in a declaration filed on Wednesday that he approved of the release of both the documents and proposed trail exhibits after several requests from various reporters. The attorney said that all documents had previous been in the public record and that the move was not intended to influence the jurors. Most documents like this are public record anyway, so why would Apple see a problem with it?
William F. Lee, Apple’s counsel, has cited news reports to question whether John Quinn’s decision was a limited response to certain “requests from members of the media.” If they press had even asked for these documents and exhibits, Quinn should not have provided them, that’s not what the press is reporting though, Lee said in the court filing. Reporters have made it clear that it was an unsolicited release which aimed to “disseminate” Samsung’s excluded evidence among the press, Lee added.
Apple said it will not request a mistrial. “A mistrial would play directly into Samsung’s strategy of delay, and only reward Samsung’s misconduct,” it said in the filing. Samsung has already been sanctioned four time in this litigation for discovery abuses, Lee said. The most recent one was for destroying evidence that would of helped in the court case. “Litigation misconduct is apparently a part of Samsung’s litigation strategy–and limited sanctions have not deterred Samsung from such misconduct,” Lee added.
source: Mac World